Code of Criminal Procedure, 1973 · Section 157

CrPC 157 in BNSS: Sections 176(1) and 176(2)

Section 157 of the Code of Criminal Procedure, 1973 corresponds to Sections 176(1) and 176(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. CrPC 157 deals with procedure for investigation. The NCRB table marks it as changed. Compare the wording below. BNSS 176(3) is new, with no CrPC counterpart. The Bharatiya Nagarik Suraksha Sanhita came into force on 1 July 2024, replacing the CrPC.

Code of Criminal Procedure

CrPC 157 is now BNSS 176(1) and 176(2).

Procedure for investigation · The NCRB table marks it as changed. Compare the wording below. BNSS 176(3) is new, with no CrPC counterpart.

Modified
Old wording kept in full
Old · CrPC 1973 · Ch. XII
s. 157(1)of section 157
Procedure for investigation
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case.
1[Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality.]
Text from the official India Code PDF
New · BNSS 2023 · Ch. XIII
s. 176(1)of section 176
Procedure for investigation.
(1) If, from information received or otherwise, an officer in charge of a police station has reason to suspect the commission of an offence which he is empowered under section 175 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender:
Provided that—
(a) when information as to the commission of any such offence is given against any person by name and the case is not of a serious nature, the officer in charge of a police station need not proceed in person or depute a subordinate officer to make an investigation on the spot;
(b) if it appears to the officer in charge of a police station that there is no sufficient ground for entering on an investigation, he shall not investigate the case:
Provided further that in relation to an offence of rape, the recording of statement of the victim shall be conducted at the residence of the victim or in the place of her choice and as far as practicable by a woman police officer in the presence of her parents or guardian or near relatives or social worker of the locality and such statement may also be recorded through any audio-video electronic means including mobile phone.
Text from India Code

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